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MATTARELLA v. SPARACIO

201 A.D.2d 468 (1994)

609 N.Y.S.2d 791

Josephine N. Mattarella et al., Respondents, v. Thomas Sparacio et al., Defendants, and Woodmont Development Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

While the appellants made out a prima facie case for summary judgment, the plaintiffs produced sufficient evidence in admissible form to establish the existence of material issues of fact. Specifically, the plaintiffs produced evidence of the possibility that the appellants' construction activities in the area were at least partially responsible for...

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